Anotace:
In this paper, we examine the recent ‘Vertical Blue Case’ involving two Croatian free divers, Vitomir Maričić and Petar Klovar, in a competition in the Bahamas, and the decision to suspend and punish the athletes made by the Confédération Mondiale des Activités Subaquatiques (CMAS), which solely relied on its Code of Ethics. After laying out all the relevant facts, we first critically analyze the CMAS’s Code of Ethics (the Code) and the articles used to justify the punishment. Secondly, we highlight many ethically questionable practices, unfair procedures, and anti-doping rule violations that heavily impact the particular case but were not considered in the decision made by CMAS. Thirdly, we demonstrate that several human rights violations were committed against the Croatian free divers. Fourthly, we reveal several problems with the Verdict itself. CMAS, for its part, defended its actions as necessary to safeguard the integrity of the sport, invoking its emergency powers under Article 10.2 to justify provisional measures in response to what it perceived as serious ethical concerns. Finally, we argue for the correction of the CMAS decision and propose practical solutions, including revising the Code and establishing clear boundaries for its use in resolving cases in sports, especially in relation to laws and rules in sports.